Common use of Representations, Warranties and Agreements to Survive Clause in Contracts

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter or controlling person, or by or on behalf of the Fund or the Adviser and shall survive delivery of the Shares to the Underwriter.

Appears in 7 contracts

Samples: Purchase Agreement (Muniholdings New Jersey Insured Fund Iii Inc), Purchase Agreement (Muniholdings Insured Fund Iii Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Inc)

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Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Underwriting Agreement or the applicable Terms Agreement or in certificates of officers of the Fund or of the Adviser Company submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund or the Adviser Company, and shall survive delivery of and payment for the Shares to the UnderwriterUnderwritten Securities.

Appears in 3 contracts

Samples: Purchase Agreement (Argyle Television Inc), Underwriting Agreement (Merrill Lynch Preferred Capital Trust V), Underwriting Agreement (Connecticut Energy Corp)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter or controlling person, or by or on behalf of the Fund or the Adviser and shall survive delivery of the Shares to the Underwriter.

Appears in 3 contracts

Samples: Purchase Agreement (Muniholdings New York Insured Fund Iii Inc), Purchase Agreement (Muniholdings California Insured Fund Iv Inc), Purchase Agreement (Muniholdings Michigan Insured Fund Ii Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Fund or of the Adviser Company submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the an Underwriter or any controlling personperson of an Underwriter, or by or on behalf of the Fund or the Adviser Company, and shall survive delivery of any of the Shares Securities to the UnderwriterUnderwriters.

Appears in 2 contracts

Samples: Debt Securities Terms Agreement (Alltel Corp), Equity Units Terms Agreement (Alltel Corp)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of the Fund or of the Adviser Companies submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter Representative or controlling personperson of the Representative, or by or on behalf of the Fund Companies or the Adviser any officers, directors or controlling persons and shall survive delivery of the Shares any Notes to the UnderwriterRepresentative or any controlling person.

Appears in 2 contracts

Samples: Underwriting Agreement (Americredit Financial Services Inc), Underwriting Agreement (Americredit Financial Services Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement and the Pricing Agreement, or contained in certificates of officers of the Fund or of the Adviser Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund or the Adviser Company, and shall survive delivery of the Shares Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Purchase Agreement (MGM Grand Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement Agreement, or in certificates of officers of the Fund Company or trustees of the Adviser Trust submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund Company or the Adviser Trust, and shall survive delivery of the Shares Capital Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Purchase Agreement (Dime Bancorp Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund Offerors or of the Adviser any Subsidiary submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund or the Adviser Offerors, and shall survive delivery of the Shares Trust Preferred Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Purchase Agreement (Hawaiian Electric Industries Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or contained in certificates of officers of Dominion and/or the Fund or of the Adviser Trust submitted pursuant hereto, hereto shall remain operative and in full force and effect, effect regardless of any investigation made by or on behalf of the any Underwriter or any controlling personperson of any Underwriter, or by or on behalf of Dominion and/or the Fund or the Adviser Trust, and shall survive delivery of the Shares to the UnderwriterSecurities.

Appears in 1 contract

Samples: Underwriting Agreement (Dominion Resources Inc /Va/)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or any Terms Agreement or in certificates of officers of the Fund or of the Adviser Company submitted pursuant heretohereto or thereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter Agents or any controlling personperson of the Agents, or by or on behalf of the Fund or the Adviser Company, and shall survive each delivery of and payment for any of the Shares to the UnderwriterNotes.

Appears in 1 contract

Samples: Distribution Agreement (Bank of New York Co Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- --------- Agreement or in certificates of officers of the Fund Company or any of the Adviser its Subsidiaries submitted pursuant hereto, hereto or thereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter or any controlling person, or by or on behalf of the Fund or the Adviser Company, and shall survive delivery of and payment for the Shares to the UnderwriterSecurities.

Appears in 1 contract

Samples: Underwriting Agreement (Cross Timbers Oil Co)

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Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund or of the Adviser Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter Placement Agent or controlling person, or by or on behalf of the Fund or the Adviser Company, and shall survive delivery of the Shares Securities to the UnderwriterFund.

Appears in 1 contract

Samples: Placement Agency Agreement (Nationwide Health Properties Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund Company or of the Adviser Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund Company or the Adviser Bank, and shall survive delivery of the Shares Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (First Republic Preferred Capital Corp)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement Agreement, or contained in certificates of officers of the Fund or of the Adviser Company submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund or the Adviser Company and shall survive delivery of the Shares Notes to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Wachovia Corp/ Nc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement Agreement, or contained in certificates of officers of the Fund Company or of the Adviser Capstead submitted pursuant heretohereto or as contemplated hereby, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter Company or Capstead or a controlling personperson thereof, or by or on behalf of the Fund or the Adviser and shall survive delivery of the Shares any Certificates to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Underwriting Agreement (CMC Securities Corp Ii)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in this -------- Agreement or in certificates of officers of the Fund or of Company and the Adviser Selling Shareholder submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund Company or the Adviser Selling Shareholder, and shall survive delivery of the Shares Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Purchase Agreement (Amgen Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements -------- contained in this -------- Agreement or in certificates of officers of the Fund or of the Adviser submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter or controlling person, or by or on behalf of the Fund or the Adviser and shall survive delivery of the Shares to the Underwriter.

Appears in 1 contract

Samples: Purchase Agreement (Muniholdings Insured Fund Ii Inc)

Representations, Warranties and Agreements to Survive. Delivery. All representations, warranties and agreements contained in -------- this -------- Agreement or in certificates of officers of the Fund Company or trustees of the Adviser Trust submitted pursuant hereto, hereto shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the any Underwriter or controlling person, or by or on behalf of the Fund Trust or the Adviser Company, and shall survive delivery of the Shares Capital Securities to the UnderwriterUnderwriters.

Appears in 1 contract

Samples: Purchase Agreement (Bankboston Capital Trust V)

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